BACON v. STATE

33691.

85 Ga. App. 630 (1952)

70 S.E.2d 54

BACON v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied March 13, 1952.


Attorney(s) appearing for the Case

Joseph B. Cramer, for plaintiff in error.

Andrew J. Ryan Jr., Solicitor-General, Sylvan A. Garfunkel, Kirk McAlpin, contra.


MacINTYRE, P. J.

(After stating the foregoing facts.) 1. (a) The first ground of the amended motion for a new trial contends that the State failed to prove the elements of burglary, in that it failed to show a breaking and entering of the house of the prosecuting witness. It is true that there was no evidence as to whether the exit door from the second floor opening onto the street was open or closed, locked or unlocked. There was, however, undisputed evidence that...

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